The remand prison Warszawa-Służewiec implemented the recommendation in part. At the
visited establishment, a psychologist not a doctor certifies that a given prisoner is fit to be placed in an
isolation cell.
Neither of the establishments has introduced the standard of daily medical check-ups during
prisoners’ isolation. Health-care staff would only visit an inmate placed in a disciplinary cell upon the
latter’s request, or if medical assistance is required (e.g. the personnel suspect that the prisoner’s health
has deteriorated). The law does not require the prisoner to be examined by a doctor after being placed
in solitary confinement; such prisoners are supervised by a psychologist with regard to their fitness for
remaining in the confinement.194.
Role of prison doctors in the context of the use of restraint procedures
The CPT pointed out that in cases where prisoners are subjected to measures of mechanical
restraint (including placement in a security cell or use of a restraint belt), they should be examined by a
doctor before using the measure. However, the CPT delegation established that that a medical
examination of the prisoner was only foreseen upon request of prison staff, in case where there was a
medical indication for it (visible injury or other symptoms of risk to life or health).
In the opinion of the CPT, any resort to mechanical restraint should be immediately brought to
the attention of a medical doctor in order to assess whether the mental state of the prisoner concerned
requires hospitalisation or whether any other measure is required in the light of the prisoner's medical
condition. The Committee recommends that the Polish authorities take the necessary measures to amend
the current practice accordingly195.
The NMPT delegation had no possibility to verify, in either of the establishments, whether
the recommendation had been implemented.
At the remand prison Warszawa-Białołęka, in 2019 there were six cases of applying direct
coercion measures. In all cases, they consisted in using physical force and handcuffs. No mechanical
measures of restraint, indicated by the CPT in its report, were applied. In 2020, no direct coercion
measures had been applied in the establishment by the time of the visit.
At the remand prison Warszawa-Służewiec, in 2019 there was one case of applying direct
coercion measures which consisted in using physical force (restraining lock and special transportation
techniques), handcuffing the prisoner on the back, and placing him in a security cell. No mechanical
measures of restraint, indicated by the CPT in its report, were applied. In 2020, no direct coercion
measures had been applied in the establishment by the time of the visit.
194
See: Article 148(3) of the Criminal Executive Code.
195
Ibid., para. 91.
78
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